Courting judicial wrath by flouting court etiquette

Gaston de ROSAYRO

Courtroom etiquette is fairly similar to dining etiquette, only more terrifying to most laymen. Certainly a courtroom can be a pretty menacing place. To anyone unfamiliar with the surroundings and its rules walking into a hall of justice would appear to be something like a high wire tightrope act without a safety net. Which essentially means making one false step and you are doomed.

The law according to Charles' Dicken's character Mr. Bumble may be an ass. But it is nonetheless a powerful ass. So never underestimate the powers of the court and take things lightly because you will decidedly be courting trouble. That is because anyone who flouts the court laws will be charged with contempt of court. The penalties could be harsh and include fines or jail terms. So always ensure you abide by the laws of the judiciary.

You will realise that there is a certain solemnity about court proceedings with the bewigged, begowned and stern gavel bashing personalities doing their thing. You will also observe that everyone is togged out in suits while filing and arguing lawsuits.

Now the man seated on the throne of justice is the judge who is treated like a god. But this intimidation factor can feel as if it is multiplied tenfold when you are the one on trial for a criminal offence. However, the biggest reason why most people are intimidated by courtrooms is that they just feel like they do not belong there. But if you just follow the basic rules of courtroom etiquette and you will be doing fine.

The first rule as mentioned earlier is your dress which should always be formal business attire. Remember that courtrooms are very formal places steeped in age old customs and traditions that still influence it today. One of these ancient customs is formal attire. This tradition started way back in the old English courts, which our current common law justice system is derived from. People would dress in their 'Sunday Best' to show respect for the court and the law.

An equally crucial rule is deference to the Bench. When addressing the judge, do so by saying, "Your Honour," or in a higher court administered by a Justice it should be either "Your Lordship" or "Your Ladyship." This might probably sound completely ridiculous to some people. The reason you address the judge by this term is not necessarily just because he or she is the judge. The real reason is that when you're speaking to the judge, you are speaking to the law itself.

I do know quite a few stories where lawyers, jurors, laymen and journalists have offended the sensitivities of the 'legal fashion police.' Judges and magistrates are often incensed when people of a certain stature appear in their court inappropriately attired. Yes they can certainly dictate what one wears in a courtroom.

It is commonly accepted that courts do have a legitimate interest in maintaining decorum and civility in proceedings. To this end, they can demand that lawyers show up to court somewhat formally dressed, and refrain from wearing clothing or jewellery that can create distractions. Also, there is the simple fact that lawyers ought to know better than to show up in court shabbily-dressed.

And courts can also have good reasons for telling non-lawyers, such as witnesses, spectators, jurors, and parties to lawsuits what they can and cannot wear in the courtroom. However, they must tread extremely lightly to avoid creating a thorny constitutional issue.

Yes you do not tangle with the law even if you think you can get away with it because the fact is that you simply cannot. I remember when I worked on this same newspaper somewhere in the seventies when a colleague Fred de Silva, later to be appointed editor of the 'Daily News,' wrote an article titled 'Dress sense.' The particular column lampooned the dress etiquette of the Criminal Justice Commission imposed on all who had to appear before it. Justice G P A Silva with Justice Jaya Pathirana and D Q M Sirimanne convicted Fred for contempt. He was sentenced to pay a fine of Rs. 2,000 and to a prison term of six months.

So if you are ever in court, for any reason, whether as a plaintiff, defendant, juror, or witness, it would be in your interest to impress upon the judge that you appreciate the seriousness of the proceedings. As a universal rule, however, the more formally you dress, the more well-received you are likely to be. So if you care about your case ending with a result in your favour, you should definitely care about the judge's opinion of you.

It is always better to be safe than to be sorry, as the old adage goes. Remember judges have the power to hold people in contempt, which can mean fines. But usually for smaller infractions it is usually a public tongue-lashing in front of everyone in the courtroom.

When taking into consideration courtroom etiquette, the first word that comes to mind is formality. It is accepted that those working in our legal system courteously follow a traditional set of rules.

These include continual respect for the bench, not speaking out of turn, keeping dialogue to a reasonable level, proper dress, and more. With judges adorned in robes, they demonstrate the clearest reflection of this formality. Yet, as individuals who ultimately drive the proceedings, the burden falls on attorneys to create an environment where courtroom etiquette is observed. One way in which proper etiquette can be maintained is by avoiding an adversarial approach. While opposing attorneys represent different sides, they must be mindful that all parties share a common goal.

Whether a criminal or civil case, there is a shared mission of justice among all players. A prosecutor seeks a conviction. A plaintiff seeks a finding of liability. A defendant seeks relief from the outcome. However, all sides ultimately desire the rendering of an accurate decision that is grounded in reasonable law.

To ensure that goal is accomplished, attorneys must realise that a cutthroat adversarial approach is never desirable. The opposing lawyer should not be treated as the enemy and proper respect should be displayed at all times.

[email protected]